The Public Charge Rule goes into effect on February 24, 2020

Many legal document preparers prepare immigration forms for consumers. And, while, document preparers may not advise their customers about any aspect of immigration – what someone should or should not do – document preparers can certainly provide their customers with information. Even better, refer their customers to authoritative sources to find the answers they're looking for.

But, as with many subjects these days, there is way too much information for many people to absorb. I did some research about the Public Charge Rule, because I wanted to know more. And, I felt that if I were confused, then others must be as well. I asked a few of my colleagues who specialize in preparing immigration documents, and was unable to find the information I wanted. So I took to the internet and the USCIS site to see what I could find out.

My first question was whether under the Public Charge Rule, if someone who is a legal alien resident gets injured, and his health insurance does not provide adequate coverage, so the legal alien resident applies for and receives Medicaid – does that then put him at risk of deportation as a public charge?

The answer I found, (please do your own research or see an attorney if this is your scenario), is that – it depends. Yes, he may be a public charge if he receives Medicaid for 36 months. But, if its a medical condition that arose after becoming a legal resident alien, then he will probably not be subject to deportation. I can't tell whether this means after receiving his permanent resident alien status, or if this would be true while his permanent resident status is temporary.

Another question is my mind relates to the predictive nature of the public charge rule. Apparently, the factors considered are meant to predict whether an individual is likely to become a public charge in the future, and if so, the application for a green card could be denied. For example, even though someone might meet all the criteria to NOT be a public charge at some point, the applicant's age is still considered. What if, the applicant has the required income and assets, is in good health, has never received public assistance, has education or skills – but is age 61 or older. Does that mean his application could be denied? Just on age?

And, to me, the financial requirements are troublesome. The median income in Florida, for all households is around $55,000. per year. Median income means half of the population earns more, and half of the population earns less. So that means there are far more households who earn less than the median income, since over $55,000. per year increases indefinitely. According to the article excerpted below, the financial threshold has risen from 125% of the federal poverty guidelines up to 250% of those guidelines – approximately $41,000. for a household of two.

I relied heavily on an article on boundless.com – following are excerpts from that article.

What will change under the new DHS “public charge rule”?

DHS plans to dramatically expand the definition of “public charge,” so that green card and other visa applicants could be denied not for being “primarily dependent on the government for subsistence” (the current standard) but instead for being “more likely than not” to use certain public benefits at any point in the future.

It’s important to understand that the great majority of people applying for green cards are not even eligible for the very benefits that the DHS public charge rule seeks to penalize. 

Likelihood of future use of government benefits. Although the following general criteria are defined by Congress, DHS plans to greatly expand the number of specific factors that immigration officers must take into account when determining whether or not a visa applicant is likely to become a “public charge” at any point in the future.

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The new public charge rule would apply to the vast majority of applicants for green cards (permanent residence). This includes green cards based on:

• a family relationship to a U.S. citizen or lawful permanent resident, for which over 800,000 green cards were granted in 2016 (the most recent year for which DHS has published data)
• sponsorship by a U.S. employer (140,000 green cards granted per year)
  

Exemptions

The public charge rule will not apply to visa applicants whom Congress has exempted from the public charge test, such as refugees, asylees, individuals who have experienced domestic violence, and other special categories.

Given that the new public charge rule creates an entirely new income requirement for visa applicants (not just their sponsors) and would set this household income threshold as high as 250% of the Federal Poverty Guidelines, the following possible impacts have been estimated:

What about permanent residents seeking U.S. citizenship?

Changes to the definition of “public charge” could ultimately expand the ability of DHS to deport some immigrants who already have green cards (“lawful permanent residents”).

Congress states that a permanent resident can only be deported on public-charge grounds within the first five years of obtaining their green card — and only if they became a public charge based on circumstances that existed before they obtained their green card. (For example, a healthy person who obtains a green card, gets in an accident, and then needs government assistance would not be deportable on public-charge grounds.)

In practice, given the constraints set by Congress and court precedents, plus the fact that recent green card holders are typically ineligible for welfare, very few green card holders have been deported on public-charge grounds.

By expanding the definition of “public charge,” however, the administration could create new uncertainty for millions of immigrants.

U.S. law allows for the deportation of immigrants who have become “public charges” within five years of admission if their reason for seeking help preceded their entry to the United States - for example, if they had a chronic health condition that was not disclosed.

Path to Citizenship

We didn't know exactly what to expect when we arrived at the DHS building in Orlando. We were there for my husband's citizenship ceremony. Entering the building, going through the security process, is just like boarding an airplane. Empty your pockets, take your shoes off, put your belongings in the tray. We expected the security process, we had been to the building the week before for my husband's civics test. He passed with flying colors, and this day he had his letter in hand recommending him for citizenship. Once through security we sat in chairs in the open lobby and waited to find out what happens next. Before long a DHS officer called for everyone there for the ceremony to stand in line behind the stanchions. Next, the officer, in a booming voice, explained that families would be called after all of the citizenship candidates were seated. He called the candidates in groups of about 20 to leave the line and go to a set of tables where officers were signing people in. After the sign in the citizenship candidates went into a room to the far left that I couldn't see. I kept my eyes on my husband until he went into that room and was out of sight. I waited with members of other candidates' families until we were called in. 

Our road, my husband's and my road, to his citizenship was mostly smooth, but not without its challenges. Days after we married in 2007 we filed the paperwork for his adjustment of status, the set of documents for an initial green card. All told, at that time, that first set of documents which we prepared together, cost around $1900. in USCIS fees. We married in November. The most storybook wedding ever, in the courtyard of the Lightner Museum complete with a white carriage and white horse to carry us to the reception. We planned to go to England for Christmas so that I could meet his family. When we filed the initial documents we had also filed the travel authorization document, Advance Parole, the I-131. Green card applicants have to be careful about traveling while approval is pending, lest USCIS determines that you've abandoned the application and then you have to start all over again. We filed the Advance Parole along with everything else, so that traveling to England would not be a problem. But, we didn't get an answer about it, and we didn't know what to do, so we scheduled an emergency appointment at the USCIS field office to request that they expedite his travel documents. We got the authorization, but only by showing the officer that we'd already purchased plane tickets. 

 England was lovely. It was my first visit. I'll never understand why the grass stays green when its so cold. Florida grass goes brown at the slightest drop in temperature. The flight was good, long haul flights are never exactly fun. Coming back to the states through Orlando, after being on a plane for over nine hours, we got pulled aside and had to wait in a room for two hours before being processed through customs and immigration. I learned later that the reason we were pulled aside was because my husband's immigration status was pending. 

 A month or so later we received the letter to appear at the USCIS field office for our initial interview. This is the interview where newlyweds show the officer their wedding pictures and original documents so that the officer can see make sure its a bona fide marriage. Its an important first step in the process, as there are, in fact, many people who think they can game the system. Marry for a fee, etc. Our marriage is bona fide, married for all the right reasons. But, on the way to our appointment, driving the interstate, a front tire blew. Blew out of the blue. Nothing wrong with the tire, didn't run over a nail or a screw. Tire just blew out. Luckily a road ranger came to our rescue, towed us off the interstate and to the nearest tire store, where we bought a new tire. By this time there was no chance of arriving at our appointment on time. We tried to call the 800#, which we found to be an exercise in futility. That number always goes straight to a voicemail menu. There was no way to let USCIS know what had happened. Back on the road, we proceeded to the USCIS field office. The officer at the door let us in and rescheduled the appointment for later that day, only after we showed him the time stamped receipt for the new tire purchase. 

 Over the next two years, my husband had to get a medical exam, get fingerprinted several times (biometrics), and file more papers to remove the temporary conditions from his green card to change his status to a permanent resident alien. All these at a cost. Overall around another $900. Last year we decided it was time for him to apply for citizenship. We could have done so sooner, but hadn't felt the real need. Filing the forms for citizenship (N-400) plus biometrics cost another $725. It was 10 months before he received notice to take the civics test. He was ready. He had made me drill him on the 100 questions for days and days. His goal was to answer the first six questions correctly, so that the test would end there and then. He did it. The next week was ceremony day. 

 The ceremony was quite touching. I felt great that my husband was becoming a U.S. Citizen for me, for us. When the families were allowed into the ceremony room, a speaker from DHS welcomed us. She then asked for all the soon to be U.S. Citizens stand. That day there were 94. She called country by country until all citizenship candidates stood. The family members, whooped and hollered when their country was called and their candidate stood. We said the Pledge of Allegiance together. Then the National Anthem came on complete with patriotic video on the big screen at the front of the room. Next, the families were asked to take their seats, and the candidates repeated the oath, line by line. Once the candidates said the oath, they were declared United States citizens and everyone clapped and celebrated. The DHS speaker then talked about how we, as U.S. Citizens although not bound by race, religion, or ethnicity are bound together because of the freedoms that we enjoy. She went on to say that as U.S. Citizens we are to help one another, and that we are all equal. Inspirational and patriotic. Near the end of the ceremony, a lady came around and passed out little American flags to everyone who wanted one. Lee Greenwood came on the big screen and sang “God Bless the U.S.A.” It was a good and memorable day. Now we're working through the next checklist. He already updated his driver's license, and registered to vote. He still needs to visit the social security office and apply for a U.S. Passport.

DACA, TPS, and four reasons why we should welcome immigrants.

Judge Alsup's January 9 ruling to block the Trump regime from ending DACA, and allowing Dreamers to stay, was a victory. But don't pop the champagne cork just yet.

DACA stands for “Deferred Action for Childhood Arrivals”. Minors who were brought to the U.S. Illegally are affected by DACA. This group, called Dreamers, has been allowed to stay in the U.S. even though they came in illegally, because they were children at the time of arrival, and should not be held responsible for their parents' act. Many Dreamers did not know they did not have legal immigration status until they were grown and faced with grown up things, such as college, financial aid, job hunting, and, even getting a driver's license.

Trump ended DACA renewals. Judge Alsup's order blocked Trump's end to DACA, but only ended it temporarily and only with some additional hoops to jump through. Trump and his Department of Justice will likely appeal Judge Alsup's order, and may well request a stay in upholding the order pending a final ruling. Also, the ruling gives USCIS time to begin accepting DACA renewals again. I was not able to find out when that will happen.

Also this month, the Trump regime ended Temporary Protected Status (TPS) for immigrants from El Salvador. This at the same time as the state department issued travel advisories to El Salvador because of its crime rate and is now listed as unsafe. Safe enough to deport people to – not safe enough to visit. The removal of protected status affects about 200,000 refugees from El Salvador who have been told to find another way to stay in the U.S. or face deportation.

And or January 9, Immigration Customs Enforcement (ICE) raided ninety-eight 7-11 stores in search of illegal immigrants. The raids yielded a whopping 21 arrests. I wonder what that cost the tax payers. The convenience store raids were apparently meant to punish employers who ignore the rules about hiring illegal immigrants.

1. Immigrants help keep the work force young. The U.S. does not want to be an aging nation with an aging work force. The largest group of U.S. residents is baby boomers, and those boomers are getting old. We need new young people to work to keep the economy growing and vibrant.
2. Immigrants help keep the birth rate high. The lower the mother's educational level the more babies she will have. The U.S. needs more babies to grow up and become the next work force.
3. Humanitarian. Allowing immigrants into America is the right thing to do. We have the physical space. There is no reason to keep our beautiful country to ourselves.
4. The U.S. Is a country of immigrants. Most natural born U.S. citizens cannot trace their family origins in the U.S. more than a couple of generations back.

I support immigration and have little tolerance for illegal immigration. In general, I believe if people want to come to the U.S. they should come legally or not at all. But, I also recognize extenuating circumstances. Some people are eligible but unable to pay the fees. For that reason, we created our FALDP Get Documented Initiative. Our document preparers can refer people for a low interest loan to cover their immigration needs. The available loan amount is between $700 and $20,000, and is based on the consumer's banking history.